Neighbor’s Pit Bull mauled my dog.

Question

My neighbor's pit bull came into my yard and mauled my dog, Junior. My pet did not survive the attack. I am dealing with an adjuster from their homeowners insurance. What are my expectations? It costs $1000 to purchase another Dachshund. The local animal shelter rarely gets Dachshund's. Is this a reasonable expectation?

Answer

How very tragic. I am very sorry to hear about your dog.

Tennessee’s law, unlike the law in many other states, provides that in addition to compensatory damages (that would include such things as veterinary expenses to treat an injured animal, funeral/cremation expenses, and cost to purchase another animal), an animal’s “parent” may be entitled to additional compensation for noneconomic damages. The law states, in part:

If a person's pet is killed or sustains injuries that result in death caused by the unlawful and intentional, or negligent, act of another or the animal of another, the trier of fact may find the individual causing the death or the owner of the animal causing the death liable for up to five thousand dollars ($5,000) in noneconomic damages; provided, that if the death is caused by the negligent act of another, the death or fatal injury must occur on the property of the deceased pet's owner or caretaker, or while under the control and supervision of the deceased pet's owner or caretaker… Noneconomic damages awarded pursuant to this section shall be limited to compensation for the loss of the reasonably expected society, companionship, love and affection of the pet.

The law further states that the $5000 limit for noneconomic damages “shall not apply to causes of action for intentional infliction of emotional distress or any other civil action other than the direct and sole loss of a pet.”